Customs (Prohibited Imports) Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 4601

 

Customs (Prohibited Imports) Regulations 2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.

Dated 19 December 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Minister of State for Primary Industries and Energy for and on behalf of the Minister of State for Small Business and Customs

 

1. Amendment

1.1. The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations.

 

90R001 (4) 14.12.90

 

2. Regulation 2 (Interpretation)

2.1 Subregulation 2 (1):

After the definition of “dried or dehydrated mixed fruit”, insert:

“ ‘exempt firearm’ means:

(a) a firearm in respect of which the importer produces to a Collector, at or before importation, a certificate signed by:

(i) the Minister of State for Justice and Consumer Affairs; or

(ii) the Minister responsible for police in a State or Territory;

to the effect that the firearm is for official purposes; or

(b) a handgun in respect of which the importer produces to a Collector, at or before importation, a statement in an approved form issued by or on behalf of:

(i) the Commissioner of the Australian Federal Police; or

(ii) the Commissioner, or Chief Commissioner, of the police force of a State or Territory;

to the effect that that police force has no objection to the importation by the importer of that firearm; or

(c) a rifle, shotgun or combination long-gun that:

(i) in the case of a rifle, is of any of the following types:

(A) self-loading centre-fire rifle, unless fitted with a detachable magazine capable of holding more than 5 rounds;

(B) break-action rifle;

(C) bolt-action rifle;

(D) lever-action rifle;

(E) single-shot rolling-block rifle;

(F) revolving-cylinder rifle;

(G) percussion cap, flintlock, wheel-lock or other black-powder rifle;

(H) rim-fire self-loading rifle;

(I) pump-action rifle;

(J) rifle operated by a compressed gas;

(ii) in the case of a shotgun, it is of any of the following types:

(A) repeating shotgun, whether self-loading or pump-action, unless fitted with a detachable magazine capable of holding more than 5 rounds;

(B) bolt-action shotgun;

(C) break-action shotgun;

90R001/4 901214

 

(D) percussion-cap, flint-lock or other black-powder shotgun; or

(iii) in the case of a combination long-gun, it is of any of the following types:

(A) under-over rifle-shotgun;

(B) folding survival-type firearm that is incapable of being fired when folded;

(C) multi-barrel rifle-shotgun;

and is not:

(iv) a firearm that:

(A) is fitted, whether by original design or by modification, with a folding or detachable stock; and

(B) is capable of being fired when the stock is in the folded position or removed; or

(v) a self-loading centre-fire rifle, or a self-loading centre-fire carbine, of a kind that is designed or adapted for military purposes; or

(vi) a firearm that substantially duplicates a firearm of a kind referred to in subparagraph (v) in design, function or appearance;

‘firearm’ means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not, but does not include:

(a) a nailing or stapling gun; or

(b) an explosive-powered fixing tool; or

(c) a flare gun, or other signalling device, designed for emergency or life-saving purposes; or

(d) a line-thrower; or

(e) a hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs; or

(f) a tranquilliser gun; or

(g) a gun that operates a captive bolt for the slaughter of animals; or

(h) a device for the casting of weighted nets; or

(i) an underwater powerhead;”.

2.2 Subregulation 2 (1) (definition of “pistol”):

Omit the definition.

901214 90R001/4

 

3. Regulation 3 (Goods the importation of which is prohibited absolutely)

3.1 Omit “the First Schedule to these Regulations”, substitute “Schedule 1”.

4. Regulation 4 (Goods the importation of which is prohibited unless conditions or restrictions complied with)

4.1 Subregulation 4 (1):

Omit “Part 1 of.”

4.2 Subregulation 4 (2):

Omit “the Third Schedule to these Regulations”, substitute “Part 1 of Schedule 3”.

5. First Schedule (Goods the importation of which is prohibited absolutely)

5.1 Heading:

Omit “FIRST SCHEDULE”, substitute “SCHEDULE 1”.

5.2 Item 17:

Omit the item.

5.3 After item 23, insert:

“24 Firearms other than exempt firearms

25 Parts specifically for firearms other than exempt firearms”.

5.4 After item 26, add:

“27 Detachable magazines, having a capacity of more than 5 rounds, for:

(a) self-loading centre-fire rifles; or

(b) self-loading centre-fire carbines; or

(c) self-loading or pump-action shotguns;

whether attached to firearms or not”.

90R001/4 901214

 

6. Schedule 2 (Goods the importation of which is prohibited unless the permission in writing of the Minister or an authorised officer has been granted)

6.1 Part 1 (heading):

Omit” PART 1-SPECIFICATION OF GOODS”.

6.2 Part 1:

Omit items 24, 25, 27 and 30.

6.3 Part 2:

Omit the Part.

7. Third Schedule (Goods the importation of which is prohibited unless specified conditions, restrictions or requirements are complied with)

7.1 Heading:

Omit the heading, substitute:

“SCHEDULE 3

Subregulation 4 (2)

GOODS THE IMPORTATION OF WHICH IS PROHIBITED UNLESS SPECIFIED CONDITIONS, RESTRICTIONS OR REQUIREMENTS ARE COMPLIED WITH

PART 1‑SPECIFICATION OF GOODS ETC.

 

Item

 Description of goods Conditions, restrictions and requirements”.

No.

 

7.2 Before item 8a, insert:

“5 Exempt firearms The firearms satisfy the safety requirements specified in Part 2 of this Schedule unless:

(a) the firearms were manufactured before 1 January 1900; or

(b) the firearms are firearms to which paragraph (a) of the definition of

901214 90R001/4

 

‘exempt firearm’ in subregulation 2 (1); or

(c) the importation of the firearms is in accordance with the following conditions:

(i) the importer is entitled, under a visa or entry permit issued under the Migration Act 1958,to enter, or remain in, Australia for a period of not more than 1 year;

(ii) the importer produces to a Collector at or before the time of importation:

(A) documentary evidence to the effect that the importer is to be a participant in a lawful competition organised by a shooting organisation or in lawful hunting activities; and

(B) the authority (if any) required, under the law of each place where any competition or hunting activity referred to in that documentary evidence is to be conducted, for the importer to have, carry or use the firearms;

(iii) the firearms are to be exported not later than the expiry of the visa or entry permit referred to in subparagraph (i); or

(d) the importer produces to a Collector at the time of importation evidence in an approved form that the firearms had previously been exported from Australia by the importer.”.

7.3 Item 12:

Omit “Insulating”, substitute “Insulated”.

7.4 Add at the end:

“PART 2-SAFETY REQUIREMENTS FOR FIREARMS

1. The firearm, loaded with a test blank cartridge, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge the test blank if:

90R001/4 901214

 

(a) it is held with the barrel vertical and dropped 3 times, being re-cocked after each drop, from a height of not more than 45 centimetres butt-first onto a rubber mat that:

(i) is 25 millimetres thick; and

(ii) has a hardness reading (in this clause called ‘the appropriate hardness reading’) of 75/85 when tested in accordance with Part 15 of Australian Standard 1683-1976 (‘Indentation Hardness of Rubber and Plastics by means of a Durometer’), published on 1 September 1976; or

(b) it is struck not more than 6 times at various points along its length by a rubber hammer that:

(i) has a head that weighs 450 grams and has the appropriate hardness reading; and

(ii) is held at the end of the handle with the head 30 centimetres above the point to be struck; and

(iii) is allowed to fall under its own weight once at each of those points; with no pressure being exerted on the trigger and with the firearm being recocked after each blow; or

(c) in the case of a firearm having an exposed hammer or exposed hammers or having a bolt action, each hammer or bolt tail is struck once by a rubber hammer that:

(i) has a head that weighs 450 grams and has the appropriate hardness reading; and

(ii) is held at the end of the handle with the head 30 centimetres above the point to be struck; and

(iii) is allowed to fall under its own weight; or

(d) in the case of a firearm having an exposed hammer or cocking device or exposed hammers or cocking devices, each hammer or cocking device is moved back towards the cocked position 3 times and, immediately before the sear engages the bent or bents in the fully cocked position and with no pressure being applied to the trigger, the hammer or cocking device is released 3 times and allowed to travel forward under the pressure of the spring.

2. Unless the firearm is fitted with an adjustable trigger or triggers, the trigger mechanism must not operate when a force of 11 newtons is exerted on the central point of the trigger in the direction in which the trigger operates.

3. The firearm must be fitted with an effective trigger guard.

4. The firearm, unless it is a hammer firearm fitted with a half-cock mechanism or safety bent, must be fitted with a safety device that:

(a) when engaged in the ‘Safe’ position, prevents operation of the trigger mechanism; and

(b) can be disengaged only by a distinct pressure of a finger or thumb; and

(c) clearly indicates that the firearm is in either a ‘Safe’ or ‘Fire’ condition.”.

901214 90R001/4

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1990.

2.Statutory Rules 1956 No. 90 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 39 and see also Statutory Rules 1990 Nos. 39, 191, 265 and 324.

90R001/4 901214